Letter Decision No. LET-W-30-2017

This Decision has been varied by Determination No. W-2017-93. Reasons for Decision - Decision No. 79-W-2017

June 15, 2017

APPLICATIONS by Rendez-Vous 2017 Tall Ships Regatta (RDV 2017), pursuant to the Coasting Trade Act, S.C., 1992, c. 31, for licences.

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RDV 2017 has applied for licences to use the "ATYLA", the "BLUE CLIPPER", the "BOWDOIN", the "DENIS SULLIVAN", the "EL GALEON", the "GERONIMO", the "JOLIE BRISE", the "OOSTERSCHELDE", the "PICTON CASTLE", the "SPIRIT OF SOUTH CAROLINA", and the "VAHINE", foreign registered tall ships, to participate in the Canadian portion of the RDV 2017. The activities will start on June 30, 2017 and will end on different dates during the period from July 23 until August 20, 2017, depending on the port visits of each ship.

9109-4631 Québec Inc. filed an objection to the applications and offered the "GROSSE-ÎLE", a Canadian-registered schooner, to perform the activity described in the applications. RDV 2017 filed an answer to the objection and 9109-4631 Québec Inc. filed a reply to RDV 2017's answer before the close of pleadings on May 25, 2017.

Pursuant to subsection 8(1) of the Coasting Trade Act, the Agency must determine whether there is a suitable Canadian ship available to provide the service or perform the activity described in the applications as well as whether there is an identical or similar adequate marine service available from any person operating one or more Canadian ships.

The Agency has carefully considered all of the evidence accepted by the Agency during the pleadings related to these applications, and has determined that there is no suitable Canadian ship available to perform the activity described in the applications.

The Agency will provide this determination to the Minister of Public Safety and Emergency Preparedness to consider whether to issue the licences.

This Decision does not constitute an authority to operate.

The Agency will issue detailed reasons for this Decision in the near future.


P. Paul Fitzgerald
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